Karnataka High Court
Sri. Deekshit U vs State Of Karnataka By on 28 January, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2025:KHC:3923
CRL.P No. 9592 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO.9592 OF 2023 (482 (Cr.PC) / 528(BNSS)
BETWEEN:
1. SRI. DEEKSHIT U
S/O UMESH B,
AGED ABOUT 32 YEARS
R/AT NO.259/1, 1ST CROSS,
ROHD, 2ND STAGE,
WOC ROAD, RAJAJINAGAR
BANGALORE, 1ST BLOCK,
MAHALAKSHMIPURAM LAYOUT,
BANGALORE NORTH - 560 086.
2. SRI MEHTAB B.S
S/O SIKANDAR PASHA
AGED ABOUT 36 YEARS
NO.20, 7TH CROSS,
AGB COLONY, SARASWATIPURAM,
NANDINI LAYOUT,
Digitally
signed by BANGALORE NORTH,
LEELAVATHI BANGALORE - 560 096.
SR
Location:
High Court
of Karnataka 3. MS ASHAPARVEEN S.M
D/O MOHAMMED PASHA
AGED ABOUT 52 YEARS
R/A NO.20, 7TH CROSS, AGB COLONY
JS NAGARA, SARASWATHI PURAM,
NANDINI LAYOUT,
BANGALORE NORTH,
BANGALORE 560 096.
...PETITIONERS
(BY SMT. RADHIKA M., ADVOCATE)
-2-
NC: 2025:KHC:3923
CRL.P No. 9592 of 2023
AND:
1. STATE OF KARNATAKA
BY MALLESHWARAM POLICE
BANGALORE - 560 003.
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
2. SRI. YUSUF S
S/O ABDULLA
AGED ABOUT 45 YEARS,
R/A PLOT NO.002, DS MAX,
7TH CROSS, MALLESHWARAM
BANGALORE - 560 003.
...RESPONDENTS
(BY SRI. THEJESH.P, HCGP FOR R-1;
R-2 SERVED)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH
THE FIR IN CR.NO.124/2022 ON THE FILE OF THE LEARNED 32ND
ADDITIONAL CMM COURT, BENGALURU FOR THE OFFENCE P/U/S
506, 504, 149, 384, 420, 448, 141 OF IPC AND SEC.25(1)(A) OF ARMS
ACT OF MALLESHWARAM POLICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners seek the following relief:
"Wherefore, the petitioners humbly prays that this
Hon'ble Court be pleased to quash the FIR in Crime
No.124/2022 on the files of the learned 32nd Addl. CMM
Court, Bangalore, for the offences punishable U/s 506, 504,
149, 384, 420, 448, 141 of IPC and Sections 25(1) (A) of
Arms Act of Malleshwaram police, in the interest of justice."
NC: 2025:KHC:3923
2. Heard learned counsel for the petitioners and learned
HCGP for respondent No.1 and perused the material on record.
Respondent No.2 having served with notice of this petition has
chosen to remain unrepresented.
3. A perusal of the material on record in particular FIR in
Crime No.124/2022 will indicate that necessary ingredients
constituting commission of offence punishable under Sections 506,
504, 149, 384, 420, 448, 141 IPC have not been made out in the
complaint. In addition thereto, the delay in filing the complaint on
19.09.2022 in relation to the incident that has occurred on
12.08.2021 is not satisfactorily or properly explained by respondent
No.2 in the impugned complaint.
4. In other words, in the absence of necessary
ingredients constituting the alleged offences, which are
conspicuously absent in the impugned complaint coupled with the
unexplained delay in filing the Complaint on 19.09.2022 in relation
to an incident i.e., Sale Agreement dated 12.08.2021 that is said to
have taken place one year back and in the light of the judgment of
the Apex Court in Chanchalpati Das Vs. State of West Bengal -
2023 SCC Online SC 650, I am of the considered opinion that
NC: 2025:KHC:3923
continuing of the impugned proceedings would amount to abuse of
process of law warranting interference in the present petition.
5. In the result, I pass the following:
ORDER
(i) The petition is hereby allowed.
(ii) The FIR in Crime No.124/2022 of 1st respondent
Malleshwaram police pending on the file of 32nd Addl. CMM
Court, Bengaluru, for the offences punishable under Sections
506, 504, 149, 384, 42, 448, 141 IPC and Section 25(1)(A) of
the Arms act, is hereby quashed, insofar as the petitioners
are concerned.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
SV
